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Terms of Use

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PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS

THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER

TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF

YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN

PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF

SERVICE AGREEMENT IS EFFECTIVE AS OF  .

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall

govern the relationship with our users and others which may interact or interface with Women,

The Heartbeat Of The Community, also known asWHBOC, located at, Jersey City, New Jersey

07305 and our subsidiaries and affiliates, in association with the use of theWHBOC website,

which includes Women, The Heartbeat Of The Community, (the "Site") and its Services, which

shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is a news and information website community organization which has the following

description:

 

Provide information and resources to connect individuals and families with community

organizations as well as events and resources.

 

Any and all visitors to our site, despite whether they are registered or not,shall be deemed as

"users" of the herein contained Services provided for the purpose of this TOS. Once an individual

register's for our Services, through the process of creating an account, the user shall then be

considered a "member."

 

The user and/or member acknowledges and agrees that the Services provided and made

available through our website and applications, which may include some mobile applications and

that those applications may be made available on various social media networking sites and

numerous other platforms and downloadable programs, are the sole property of Women, The

Heartbeat Of The Community. At its discretion,Women, The Heartbeat Of The Community may

offer additional website Services and/or products, or update, modify or revise any current content

and Services, and this Agreement shall apply to any and all additional Services and/or products

and any and all updated, modified or revised Services unless otherwise stipulated. Women, The

Heartbeat Of The Community does hereby reserve the right to cancel and cease offering any of

the aforementioned Services and/or products. You, as the end user and/or member,

acknowledge, accept and agree that Women, The Heartbeat Of The Community shall not be held

liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our

Services and/or products. Your continued use of the Services provided, after such posting of any

updates, changes, and/or modifications shall constitute your acceptance of such updates,

changes and/or modifications, and as such, frequent review of this Agreement and any and all

applicable terms and policies should be made by you to ensure you are aware of all terms and

policies currently in effect. Should you not agree to the updated, revised or modified terms, you

must stop using the provided Services forthwith.

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Furthermore, the user and/or member understands, acknowledges and agrees that the Services

offered shall be provided "AS IS" and as such Women, The Heartbeat Of The Community shall

not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any

failure to store user content, communication or personalization settings.

 

REGISTRATION

 

To register and become a "member" of the Site, you must be at least 18 years of age to enter into

and form a legally binding contract. In addition, you must be in good standing and not an

individual that has been previously barred from receiving WHBOC's Services under the laws and

statutes of the United States or other applicable jurisdiction.

 

When you register, WHBOC may collect information such as your name, e-mail address, birth

date, gender, mailing address, occupation, industry and personal interests. You can edit your

account information at any time. Once you register with WHBOC and sign in to our Services, you are no longer anonymous to us.

 

Furthermore, the registering party hereby acknowledges, understands and agrees to:

 

a) furnish factual, correct, current and complete information with regards to yourself as may

be requested by the data registration process, and

 

b) maintain and promptly update your registration and profile information in an effort to

maintain accuracy and completeness at all times.

 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,

Women, The Heartbeat Of The Community will have sufficient grounds and rights to suspend or

terminate the member in violation of this aspect of the Agreement, and as such refuse any and all

current or future use of Women, The Heartbeat Of The Community Services, or any portion

thereof.

 

It is Women, The Heartbeat Of The Community's priority to ensure the safety and privacy of all its

visitors, users and members, especially that of children. Therefore, it is for this reason that the

parents of any child under the age of 13 that permit their child or children access to the WHBOC

website platform Services must create a "family" account, which will certify that the individual

creating the "family" account is of 18 years of age and as such, the parent or legal guardian of

any child or children registered under the "family" account. As the creator of the "family" account,

s/he is thereby granting permission for his/her child or children to access the various Services

provided, including, but not limited to, message boards, email, and/or instant messaging. It is the

parent's and/or legal guardian's responsibility to determine whether any of the Services and/or

content provided are age-appropriate for his/her child.

 

PRIVACY POLICY

 

 

Every member's registration data and various other personal information are strictly protected by

the Women, The Heartbeat Of The Community Online Privacy Policy (see the full Privacy Policy

at https://semajpublishing.wixsite.com/heartbeat/privacy). As a member, you herein consent to

the collection and use of the information provided, including the transfer of information within the

United States and/or other countries for storage, processing or use by Women, The Heartbeat Of

The Community and/or our subsidiaries and affiliates.

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MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

 

When you set up an account, you are the sole authorized user of your account. You shall be

responsible for maintaining the secrecy and confidentiality of your password and for all activities

that transpire on or within your account. It is your responsibility for any act or omission of any

user(s) that access your account information that, if undertaken by you, would be deemed a

violation of the TOS. It shall be your responsibility to notify Women, The Heartbeat Of The

Community immediately if you notice any unauthorized access or use of your account or

password or any other breach of security. Women, The Heartbeat Of The Community shall not be

held liable for any loss and/or damage arising from any failure to comply with this term and/or

condition of the TOS.

 

CONDUCT

 

As a user or member of the Site, you herein acknowledge, understand and agree that all

information, text, software, data, photographs, music, video, messages, tags or any other

content, whether it is publicly or privately posted and/or transmitted, is the expressed sole

responsibility of the individual from whom the content originated. In short, this means that you are

solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise

made available by way of the WHBOC Services, and as such, we do not guarantee the accuracy,

integrity or quality of such content. It is expressly understood that by use of our Services, you may

be exposed to content including, but not limited to, any errors or omissions in any content posted,

and/or any loss or damage of any kind incurred as a result of the use of any content posted,

emailed, transmitted or otherwise made available by WHBOC.

 

Furthermore, you herein agree not to make use of Women, The Heartbeat Of The Community's

Services for the purpose of:

 

a) uploading, posting, emailing, transmitting, or otherwise making available any content that

shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,

vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or

racially, ethnically, or otherwise objectionable;

 

b) causing harm to minors in any manner whatsoever;

 

c) impersonating any individual or entity, including, but not limited to, any WHBOC officials,

forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any

affiliation with an individual or entity;

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d) forging captions, headings or titles or otherwise offering any content that you personally

have no right to pursuant to any law nor having any contractual or fiduciary relationship

with;

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e) uploading, posting, emailing, transmitting or otherwise offering any such content that may

infringe upon any patent, copyright, trademark, or any other proprietary or intellectual

rights of any other party;

 

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not

personally have any right to offer pursuant to any law or in accordance with any

contractual or fiduciary relationship;

 

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or

unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of

solicitation, except in any such areas that may have been designated for such purpose;

 

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may

contain a software virus or other computer code, any files and/or programs which have

been designed to interfere, destroy and/or limit the operation of any computer software,

hardware, or telecommunication equipment;

 

i) disrupting the normal flow of communication, or otherwise acting in any manner that would

negatively affect other users' ability to participate in any real time interactions;

 

j) interfering with or disrupting anyWomen, The Heartbeat Of The Community Services,

servers and/or networks that may be connected or related to our website, including, but not

limited to, the use of any device software and/or routine to bypass the robot exclusion

headers;

 

k) intentionally or unintentionally violating any local, state, federal, national or international

law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.

Securities and Exchange Commission, in addition to any rules of any nation or other

securities exchange, that would include without limitation, the New York Stock Exchange,

the American Stock Exchange, or the NASDAQ, and any regulations having the force of

law;

 

l) providing informational support or resources, concealing and/or disguising the character,

location, and or source to any organization delegated by the United States government as

a "foreign terrorist organization" in accordance to Section 219 of the Immigration

Nationality Act;

 

m) "stalking" or with the intent to otherwise harass another individual; and/or

 

n) collecting or storing of any personal data relating to any other member or user in

connection with the prohibited conduct and/or activities which have been set forth in the

aforementioned paragraphs.

 

Women, The Heartbeat Of The Community herein reserves the right to pre-screen, refuse and/or

delete any content currently available through our Services. In addition, we reserve the right to

remove and/or delete any such content that would violate the TOS or which would otherwise be

considered offensive to other visitors, users and/or members.

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Women, The Heartbeat Of The Community herein reserves the right to access, preserve and/or

disclose member account information and/or content if it is requested to do so by law or in good

faith belief that any such action is deemed reasonably necessary for:

 

a) compliance with any legal process;

 

b) enforcement of the TOS;

 

c)     responding to any claim that therein contained content is in violation of the rights of any

third party;

 

d) responding to requests for customer service; or

 

e) protecting the rights, property or the personal safety of Women, The Heartbeat Of The

Community, its visitors, users and members, including the general public.

 

Women, The Heartbeat Of The Community herein reserves the right to include the use of security

components that may permit digital information or material to be protected, and that such use of

information and/or material is subject to usage guidelines and regulations established by Women,

The Heartbeat Of The Community or any other content providers supplying content services to

Women, The Heartbeat Of The Community. You are hereby prohibited from making any attempt

to override or circumvent any of the embedded usage rules in our Services. Furthermore,

unauthorized reproduction, publication, distribution, or exhibition of any information or materials

supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

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INTERSTATE COMMUNICATION

 

Upon registration, you hereby acknowledge that by using Women, The Heartbeat Of The

Community to send electronic communications, which would include, but are not limited to, email,

searches, instant messages, uploading of files, photos and/or videos, you will be causing

communications to be sent through our computer network. Therefore, through your use, and thus

your agreement with this TOS, you are acknowledging that the use of this Service shall result in

interstate transmissions.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

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Due to the global nature of the internet, through the use of our network you hereby agree to

comply with all local rules relating to online conduct and that which is considered acceptable

Content. Uploading, posting and/or transferring of software, technology and other technical data

may be subject to the export and import laws of the United States and possibly other countries.

Through the use of our network, you thus agree to comply with all applicable export and import

laws, statutes and regulations, including, but not limited to, the Export Administration Regulations

(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of

the United States  (http://www.treasury.gov/resource-

center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

 

a) are not on the list of prohibited individuals which may be identified on any government

export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)

nor a member of any other government which may be part of an export-prohibited country

identified in applicable export and import laws and regulations;

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b) agree not to transfer any software, technology or any other technical data through the use

of our network Services to any export-prohibited country;

 

c) agree not to use our website network Services for any military, nuclear, missile, chemical

or biological weaponry end uses that would be a violation of the U.S. export laws; and

 

d) agree not to post, transfer nor upload any software, technology or any other technical data

which would be in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

 

Women, The Heartbeat Of The Community shall not lay claim to ownership of any content

submitted by any visitor, member, or user, nor make such content available for inclusion on our

website Services. Therefore, you hereby grant and allow for Women, The Heartbeat Of The

Community the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

 

a) The content submitted or made available for inclusion on the publicly accessible areas of

Women, The Heartbeat Of The Community's sites, the license provided to permit to use,

distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content

on our network Services is for the sole purpose of providing and promoting the specific

area to which this content was placed and/or made available for viewing. This license shall

be available so long as you are a member of Women, The Heartbeat Of The Community's

sites, and shall terminate at such time when you elect to discontinue your membership.

 

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the

publicly accessible areas of Women, The Heartbeat Of The Community's sites, the license

provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or

publicly display said Content on our network Services are for the sole purpose of providing

and promoting the specific area in which this content was placed and/or made available for

viewing. This license shall be available so long as you are a member of Women, The

Heartbeat Of The Community's sites and shall terminate at such time when you elect to

discontinue your membership.

 

c) For any other content submitted or made available for inclusion on the publicly accessible

areas of Women, The Heartbeat Of The Community's sites, the continuous, binding and

completely sub-licensable license which is meant to permit to use, distribute, reproduce,

modify, adapt, publish, translate, publicly perform and/or publicly display said content,

whether in whole or in part, and the incorporation of any such Content into other works in

any arrangement or medium current used or later developed.

 

Those areas which may be deemed "publicly accessible" areas of Women, The Heartbeat Of The

Community's sites are those such areas of our network properties which are meant to be

available to the general public, and which would include message boards and groups that are

openly available to both users and members. However, those areas which are not open to the

public, and thus available to members only, would include our mail system and instant

messaging.

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CONTRIBUTIONS TO COMPANY WEBSITE

 

Women, The Heartbeat Of The Community provides an area for our users and members to

contribute feedback to our website. When you submit ideas, documents, suggestions and/or

proposals ("Contributions") to our site, you acknowledge and agree that:

 

a) your contributions do not contain any type of confidential or proprietary information;

 

b) WHBOC shall not be liable or under any obligation to ensure or maintain confidentiality,

expressed or implied, related to any Contributions;

 

c) WHBOC shall be entitled to make use of and/or disclose any such Contributions in any

such manner as they may see fit;

 

d) the contributor's Contributions shall automatically become the sole property of WHBOC;

and

 

e) WHBOC is under no obligation to either compensate or provide any form of

reimbursement in any manner or nature.

 

INDEMNITY

 

All users and/or members herein agree to insure and holdWomen, The Heartbeat Of The

Community, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors

blameless or not liablefor any claim or demand, which may include, but is not limited to,

reasonable attorney fees made by any third party which may arise from any content a member or

user of our site may submit, post, modify, transmit or otherwise make available through our

Services, the use of WHBOC Services or your connection with these Services, your violations of

the Terms of Service and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

 

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit

for any commercial reason any part, use of, or access to WHBOC's sites.

 

USE AND STORAGE GENERAL PRACTICES

 

You herein acknowledge that Women, The Heartbeat Of The Community may set up any such

practices and/or limits regarding the use of our Services, without limitation of the maximum

number of days that any email, message posting or any other uploaded content shall be retained

by Women, The Heartbeat Of The Community, nor the maximum number of email messages that

may be sent and/or received by any member, the maximum volume or size of any email message

that may be sent from or may be received by an account on our Service, the maximum disk

space allowable that shall be allocated on Women, The Heartbeat Of The Community's servers

on the member's behalf, and/or the maximum number of times and/or duration that any member

may access our Services in a given period of time. In addition, you also agree that Women, The

Heartbeat Of The Community has absolutely no responsibility or liability for the removal or failure

to maintain storage of any messages and/or other communications or content maintained or

transmitted by our Services. You also herein acknowledge that we reserve the right to delete or

remove any account that is no longer active for an extended period of time. Furthermore, Women,

The Heartbeat Of The Community shall reserve the right to modify, alter and/or update these

general practices and limits at our discretion.

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Any messenger service, which may include any web-based versions, shall allow you and the

individuals with whom you communicate with the ability to save your conversations in your

account located on Women, The Heartbeat Of The Community's servers. In this manner, you will

be able to access and search your message history from any computer with internet access. You

also acknowledge that others have the option to use and save conversations with you in their own

personal account on Women, The Heartbeat Of The Community. It is your agreement to this TOS

which establishes your consent to allow Women, The Heartbeat Of The Community to store any

and all communications on its servers.

 

MODIFICATIONS

 

Women, The Heartbeat Of The Community shall reserve the right at any time it may deem fit, to

modify, alter and or discontinue, whether temporarily or permanently, our service, or any part

thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third

party for any such alteration, modification, suspension and/or discontinuance of our Services, or

any part thereof.

 

TERMINATION

 

As a member ofWomen, The Heartbeat Of The Community, you may cancel or terminate your

account, associated email address and/or access to our Services by submitting a cancellation or

termination request to whocnj@gmail.com.

 

As a member, you agree that Women, The Heartbeat Of The Community may, without any prior

written notice, immediately suspend, terminate, discontinue and/or limit your account, any email

associated with your account, and access to any of our Services. The cause for such termination,

discontinuance, suspension and/or limitation of access shall include, but is not limited to:

 

a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or

guideline;

 

b) by way of requests from law enforcement or any other governmental agencies;

 

c) the discontinuance, alteration and/or material modification to our Services, or any part

thereof;

 

d) unexpected technical or security issues and/or problems;

 

e) any extended periods of inactivity;

 

f) any engagement by you in any fraudulent or illegal activities; and/or

 

g) the nonpayment of any associated fees that may be owed by you in connection with your

Women, The Heartbeat Of The Community account Services.

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Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and

or limitations of access for cause shall be made at our sole discretion and that we shall not be

liable to you or any other third party with regards to the termination of your account, associated

email address and/or access to any of our Services.

 

The termination of your account with Women, The Heartbeat Of The Community shall include any

and/or all of the following:

 

a)        the removal of any access to all or part of the Services offered within Women, The

Heartbeat Of The Community;

 

b)     the deletion of your password and any and all related information, files, and any such

content that may be associated with or inside your account, or any part thereof; and

 

c) the barring of any further use of all or part of our Services.

 

ADVERTISERS

 

Any correspondence or business dealings with, or the participation in any promotions of,

advertisers located on or through our Services, which may include the payment and/or delivery of

such related goods and/or Services, and any such other term, condition, warranty and/or

representation associated with such dealings, are and shall be solely between you and any such

advertiser. Moreover, you herein agree that Women, The Heartbeat Of The Community shall not

be held responsible or liable for any loss or damage of any nature or manner incurred as a direct

result of any such dealings or as a result of the presence of such advertisers on our website.

 

LINKS

 

Either Women, The Heartbeat Of The Community or any third parties may provide links to other

websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the

availability of any such external sites or resources, and as such, we do not endorse nor are we

responsible or liable for any content, products, advertising or any other materials, on or available

from such third party sites or resources. Furthermore, you acknowledge and agree that Women,

The Heartbeat Of The Community shall not be responsible or liable, directly or indirectly, for any

such damage or loss which may be a result of, caused or allegedly to be caused by or in

connection with the use of or the reliance on any such content, goods or Services made available

on or through any such site or resource.

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PROPRIETARY RIGHTS

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You do hereby acknowledge and agree that Women, The Heartbeat Of The Community's

Services and any essential software that may be used in connection with our Services

("Software") shall contain proprietary and confidential material that is protected by applicable

intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that

any Content which may be contained in any advertisements or information presented by and

through our Services or by advertisers is protected by copyrights, trademarks, patents or other

proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable

law or as authorized by Women, The Heartbeat Of The Community or such applicable licensor,

you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly

perform and/or created any plagiaristic works which are based on Women, The Heartbeat Of The

Community Services (e.g. Content or Software), in whole or part.

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Women, The Heartbeat Of The Community herein has granted you personal, non-transferable

and non-exclusive rights and/or license to make use of the object code or our Software on a

single computer, as long as you do not, and shall not, allow any third party to duplicate, alter,

modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an

attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in

and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to

alter or change the Software in any manner, nature or form, and as such, not to use any modified

versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access

our Services through any means other than through the interface which is provided by Women,

The Heartbeat Of The Community for use in accessing our Services.

 

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

a) THE USE OFWOMEN, THE HEARTBEAT OF THE COMMUNITYSERVICES AND

SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE

SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. WOMEN, THE

HEARTBEAT OF THE COMMUNITY AND OUR SUBSIDIARIES, AFFILIATES,

OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY

DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT.

 

b) WOMEN, THE HEARTBEAT OF THE COMMUNITY AND OUR SUBSIDIARIES,

OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH

WARRANTIES THAT (i) WOMEN, THE HEARTBEAT OF THE COMMUNITY SERVICES

OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) WOMEN, THE HEARTBEAT

OF THE COMMUNITY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,

TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE

OBTAINED FROM THE USE OF THE WOMEN, THE HEARTBEAT OF THE

COMMUNITY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)

QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER

MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR

SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY

SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY

WAY OF WOMEN, THE HEARTBEAT OF THE COMMUNITY SERVICES OR

SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,

AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE

ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE

TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR

DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE

DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

 

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM WOMEN, THE HEARTBEAT OF THE COMMUNITY

OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY

WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED

VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,

ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WOMEN, THE

HEARTBEAT OF THE COMMUNITY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR

ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO

THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE

LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT

SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

a) THE USE OR INABILITY TO USE OUR SERVICE;

 

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

 

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

 

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

 

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

 

In the event you have a dispute, you agree to release Women, The Heartbeat Of The Community

(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders,

partners and any other third parties) from claims, demands and damages (actual and

consequential) of every kind and nature, known and unknown, suspected or unsuspected,

disclosed and undisclosed, arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

 

Should you intend to create or to join any service, receive or request any such news, messages,

alerts or other information from our Services concerning companies, stock quotes, investments or

securities, please review the above Sections Warranty Disclaimers and Limitations of Liability

again. In addition, for this particular type of information, the phrase "Let the investor beware" is

appropriate. Women, The Heartbeat Of The Community's content is provided primarily for

informational purposes, and no content that shall be provided or included in our Services is

intended for trading or investing purposes. Women, The Heartbeat Of The Community and our

licensors shall not be responsible or liable for the accuracy, usefulness or availability of any

information transmitted and/or made available by way of our Services, and shall not be

responsible or liable for any trading and/or investment decisions based on any such information.

 

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this

TOS, that there shall be no third-party beneficiaries to this agreement.

 

NOTICE

 

Women, The Heartbeat Of The Community may furnish you with notices, including those with

regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS,

text messaging, postings on our website Services, or other reasonable means currently known or

any which may be herein after developed. Any such notices may not be received if you violate

any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance

of this TOS constitutes your agreement that you are deemed to have received any and all notices

that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of the Women, The Heartbeat Of The

Community trademarks, copyright, trade name, service marks, and other Women, The Heartbeat

Of The Community logos and any brand features, and/or product and service names are

trademarks and as such, are and shall remain the property of Women, The Heartbeat Of The

Community. You herein agree not to display and/or use in any manner the Women, The

Heartbeat Of The Community logo or marks without obtaining Women, The Heartbeat Of The

Community's prior written consent.

​

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

 

Women, The Heartbeat Of The Community will always respect the intellectual property of others,

and we ask that all of our users do the same. With regards to appropriate circumstances and at

its sole discretion, Women, The Heartbeat Of The Community may disable and/or terminate the

accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that

your work has been duplicated in such a way that would constitute copyright infringement, or if

you believe your intellectual property rights have been otherwise violated, you should provide to

us the following information:

 

a) The electronic or the physical signature of the individual that is authorized on behalf of the

owner of the copyright or other intellectual property interest;

 

b) A description of the copyrighted work or other intellectual property that you believe has

been infringed upon;

 

c) A description of the location of the site which you allege has been infringing upon your

work;

 

d) Your physical address, telephone number, and email address;

 

e) A statement, in which you state that the alleged and disputed use of your work is not

authorized by the copyright owner, its agents or the law;

 

f) And finally, a statement, made under penalty of perjury, that the aforementioned

information in your notice is truthful and accurate, and that you are the copyright or

intellectual property owner, representative or agent authorized to act on the copyright or

intellectual property owner's behalf.

 

The Women, The Heartbeat Of The Community Agent for notice of claims of copyright or other

intellectual property infringement can be contacted as follows:

 

Mailing Address:

Women, The Heartbeat Of The Community

Attn: Copyright Agent

Jersey City, New Jersey07305

 

Telephone: 844-499-9462

Email:         whocnj@gmail.com

 

CLOSED CAPTIONING

 

BE IT KNOWN, that Women, The Heartbeat Of The Community complies with all applicable

Federal Communications Commission rules and regulations regarding the closed captioning of

video content. For more information, please visit our website at Women, The Heartbeat of the

Community.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you andWomen, The Heartbeat Of The

Community and shall govern the use of our Services, superseding any prior version of this TOS

between you and us with respect to Women, The Heartbeat Of The Community Services. You

may also be subject to additional terms and conditions that may apply when you use or purchase

certain other Women, The Heartbeat Of The Community Services, affiliate Services, third-party

content or third-party software.

 

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you andWomen, The Heartbeat Of The Community with

regard to the TOS that the relationship between the parties shall be governed by the laws of the

state of New Jersey without regard to its conflict of law provisions and that any andall claims,

causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between

you and Women, The Heartbeat Of The Community, shall be filed within the courts having

jurisdiction within the County of Hudson, New Jersey or the U.S. District Court located in said

state. You and Women, The Heartbeat Of The Community agree to submit to the jurisdiction of

the courts as previously mentioned, and agree to waive any and all objections to the exercise of

jurisdiction over the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any time, shouldWomen, The Heartbeat Of The Community fail to exercise or enforce any

right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If

any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties

nevertheless agree that the court should endeavor to give effect to the parties' intentions as

reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to

your ID and/or contents within your account shall terminate upon your death. Upon receipt of a

copy of a death certificate, your account may be terminated and all contents therein permanently

deleted.

 

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any

claim or action arising out of or related to the use of our Services or the TOS must be filed within

1 year(s) after said claim or cause of action arose or shall be forever barred.

 

 

VIOLATIONS

 

Please report any and all violations of this TOS to Women, The Heartbeat Of The Community as

follows:

 

Mailing Address:

Women, The Heartbeat Of The Community

Jersey City, New Jersey 07305

 

Telephone: 844-499-9462

Email:         whocnj@gmail.com

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